City of Atlanta
Georgia

Resolution
16-R-4262
Adopted Substitute
Oct 2, 2017 1:00 PM

A RESOLUTION BY COUNCILMEMBERS HOWARD SHOOK AND NATALYN ARCHIBONG AS SUBSTITUTED BY CITY UTILITIES COMMITTEE TO AUTHORIZE PAYMENT OF STIPULATED PENALTIES IMPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF GEORGIA (EPD) IN THE AMOUNT OF SEVENTEEN THOUSAND DOLLARS AND ZERO CENTS ($17,000.00) AS STIPULATED PENALTIES FOR FAILURE TO MAINTAIN ADEQUATE OPERATIONAL STANDARDS-EFFLUENT FECAL COLIFORM EXCEEDANCE VIOLATIONS AT THE CUSTER AVENUE COMBINED SEWER SYSTEM CONTROL ON APRIL 5, 2017 AND THE TANYARD CREEK COMBINED SEWER CONTROLLED FACILITY (CSCF) ON JUNE 20, 2017; PURSUANT TO THE CSO CONSENT DECREE, CIVIL ACTION FILE NO. 1:95-CV-2550-TWT; TO IDENTIFY THE SOURCE OF FUNDING; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 7 Howard Shook
Category:Personal PaperFunctions:None Required

Body

WHEREAS, the City of Atlanta (“City”) has experienced violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance as set out in Exhibit “A” hereto; and

 

WHEREAS, these violations are subject to stipulated penalties imposed at the discretion of the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT, Paragraph XI.D.1 and XI.D.2; and

 

WHEREAS, the Department of Watershed Management does not dispute the fact that these violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance did occur; and

 

WHEREAS, the payment to EPA and EPD of this assessment by the City does not constitute a finding or adjudication, is not to be evidence of a violation of state or federal laws by the City, nor does the City by its consent agree to any violations of state or federal laws or admit any liability to any third party or parties; and

 

WHEREAS, funds for this purpose are available in account number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration); and

 

WHEREAS, the CSO Consent Decree, Section XI.O similarly provides for payment of interest on late payment of stipulated penalties; and

 

WHEREAS, it is deemed to be in the interest of the City to accept the proposed stipulated penalties and to pay the incident assessments to them.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES, that the Chief Financial Officer of the City is authorized to issue checks which total the amount of Seventeen Thousand Dollars and Zero Cents ($17,000.00) payable to the Treasurer, United States of America as stipulated penalties imposed pursuant to the CSO Consent Decree at the discretion of the Environmental Protection Agency and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia for said violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance at the Custer Avenue Combined Sewer System Control Facility on April 5, 2017; and the Tanyard Creek Combined Sewer Controlled Facility on June 20, 2017; and

 

BE IT FINALLY RESOLVED, that the said payments be chargeable to Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration) COA.

 

Meeting History

Sep 13, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Yolanda Adrean, Councilmember, District 8
SECONDER:Alex Wan, Councilmember, District 6
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Andre Dickens, Howard Shook, Alex Wan, Joyce M Sheperd
Sep 19, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, SHOOK, ADREAN, MARTIN, DICKENS, WAN & SHEPERD

RESULT:RETURNED AS HELD
Sep 27, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 3, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 11, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 17, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 25, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, ADREAN, MARTIN, SHOOK, WAN, DICKENS & SHEPERD

RESULT:RETURNED AS HELD
Nov 15, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, ADREAN, MARTIN, DICKENS, SHOOK, WAN, & SHEPERD

RESULT:RETURNED AS HELD
Nov 29, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 13, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 3, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 10, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 24, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: WAN, ARCHIBONG, SHOOK, ADREAN, MARTIN & SMITH

RESULT:RETURNED AS HELD
Feb 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 14, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 28, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 25, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 1, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 9, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 23, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 13, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 19, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 27, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 11, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 25, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 26, 2017 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

Commissisoner Kishia Powell, Department of Watershed Management

RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Howard Shook, Councilmember, District 7
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Alex Wan, Natalyn Mosby Archibong, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Carla Smith
ABSENT:Joyce M Sheperd
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd